Family Law Hub

Valcheva (Concept of 'rights of access' - Applicability to grandparents - Opinion) [2018] EUECJ C-335/17

The Supreme Court of Cassation, Bulgaria, requested a preliminary ruling from the ECJ regarding whether "rights of access" in Article 1(2)(a) and Article 2(10) of Brussels II Revised (BIIR) include the rights of access of grandparents to their grandchildren. Although the ultimate decision is still awaited, Advocate General Szpunar has recommended that the ECJ should rule that rights of access under BIIR extend to individuals other than parents, if those individuals have family ties to the child based on law or fact (in this case a grandmother). His opinion emphasises that the best interests of the child is the primary principle underpinning BIIR and should guide analysis of its interpretation.

Judgment, published: 15/05/2018


Published: 15/05/2018


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